Penal Code § 38.03(a) · Class A misdemeanor

RESIST ARREST SEARCH OR TRANSP

Resisting Arrest Search or Transport in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$2,500
Median cash bail
7%
Released on personal bond
109,571
Bail records

What “RESIST ARREST SEARCH OR TRANSP” means

Texas Penal Code § 38.03 defines resisting arrest, search, or transportation. The State must prove that a person intentionally prevented or obstructed someone the person knew was a peace officer — or a person acting in a peace officer's presence and at the officer's direction — from effecting an arrest, search, or transportation of the actor or another, and that the person did so by using force against the officer or another. The force element separates this offense from evading arrest, which involves flight rather than force, and from interference offenses involving mere argument or passive noncompliance. The statute expressly provides that it is no defense that the arrest or search was unlawful. The mental state has two parts: knowledge of the officer's status and the intent to prevent or obstruct the arrest, search, or transportation.

Charged asShare of bail recordsPossible confinementFineSource
Class A misdemeanor100% Up to 1 year in county jail Fine up to $4,000 Penal Code § 12.21

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Bail for RESIST ARREST SEARCH OR TRANSP in Texas

Across 109,571 Texas bail settings for this charge (168 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,500 – $5,000). 7% of defendants were released on a personal bond, and bail was denied in 1,806 cases. When this was the only charge at booking (12,270 records), the median was $2,000 and 14% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 10,829 $1,000 $750 – $2,500 7% 1%
El Paso 7,358 $2,500 $1,000 – $5,000 9% 3%
Travis 6,808 $5,000 $2,500 – $6,000 24% 1%
Dallas 6,166 $1,500 $1,000 – $3,500 1% 3%
Bexar 4,361 $2,000 $1,500 – $4,000 8% 3%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

Recent RESIST ARREST SEARCH OR TRANSP cases

CaseCountyFiledDisposedOutcome
CR-2025-09344-CDentonNov 24, 2025Aug 26, 2026Guilty or no-contest plea
26-CCR-250406FortBendJun 23, 2026Aug 25, 2026Guilty or no-contest plea
CR-2025-00073-EDentonJan 7, 2025Aug 25, 2026Guilty or no-contest plea
CR-2025-08470-DDentonOct 15, 2025Aug 21, 2026Dismissed by the prosecutor
CR-2025-04933-DDentonJun 2, 2025Aug 21, 2026Dismissed by the prosecutor
26-CCR-249990FortBendJun 10, 2026Aug 21, 2026Dismissed by the prosecutor
26-CCR-251038FortBendJun 18, 2026Aug 21, 2026Dismissed by the prosecutor
61,027BastropFeb 17, 2026Aug 20, 2026Dismissed — refiled or handled in another case
CR-2025-02051-CDentonMar 13, 2025Aug 20, 2026Dismissed by the prosecutor
61,101BastropMar 13, 2026Aug 20, 2026Guilty or no-contest plea

Related charges

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.